Nisei families go to court: school segregation, land laws and lost property

Vol. 23, No. 25, December 28, 1946. 8 pages. View this issue

Legal fights over the rights of Japanese Americans filled this issue. On the front page, Nisei parents of Takao Aratani filed suit against a California education code that permits separate schools by race, with backing from the JACL and the ACLU. Elsewhere, Placer County and the State of California moved against Nisei farm property under the Alien Land law. Saburo Kido reviewed the major test cases across pages 2 and 3, while editorials took up the “Greatest Swindle” of property losses during the forced removal, drawing on Bradford Smith’s account in Common Ground.

Also inside: Utah veterans’ groups condemned their state’s Alien Land law, and Sacramento veterans organized an all-Nisei VFW post. Vince Tajiri reported on Joe E. Brown’s tribute to Nisei soldiers, and Larry Tajiri reviewed The Spoilage, a study of the Tule Lake renunciants. Mary Oyama wrote on community life in Los Angeles. Three of the issue’s eight pages carry holiday greetings.

What’s in this issue

Incarceration & Redress

• Nisei Parents File California Suit Against Education Code Permitting Race Segregation, by P.C. Staff, page 1. Nisei parents of Takao Aratani filed suit in Superior Court challenging a California law allowing separate schools for children of Japanese and other ancestry. The suit, sponsored by the JACL and ACLU, argues the education code violates the 14th Amendment.
• War Agency Liquidation Unit Handling Claims for Loss of Goods, by P.C. Staff, page 1. The War Agency Liquidation Unit is processing claims for losses on property stored with the War Relocation Authority. Payments must await a congressional appropriation after Congress reconvenes.
• Placer County Investigates Nisei Property, by P.C. Staff, page 1. Placer County authorities are investigating property holdings of Japanese American citizens for violations of the Alien Land law. Escheat proceedings have been filed against farm properties of several Nisei.

Military & Veterans

• Organize First All-Nisei Post of VFW Group, by P.C. Staff, page 1. Japanese American World War II veterans in Sacramento organized the first all-Nisei VFW post in the country. Dr. Y. Harada was named temporary chairman, with permanent officers to be elected in January.
• Leaders of Utah Veterans Groups Condemn Land Law, by P.C. Staff, page 1. State commanders of the American Legion, VFW, DAV, and Amvets unanimously condemned Utah’s Alien Land law and pledged to seek its repeal in 1947. The resolution was presented by Glen Thompson of the Salt Lake City VFW Atomic post.
• Yamamoto Elected to Post in Brigham Amvets, by P.C. Staff, page 1. Charles Yamamoto was elected senior vice-commander of Brigham City Post No. 7 of Amvets. The post includes many Japanese American veterans and previously sponsored a strong declaration against race discrimination.

National

• Sociologist Finds Persons With Greater Knowledge of Nisei Have Most Favorable Attitude, by P.C. Staff, page 1. Dr. Gwynne Nettler of Santa Barbara College reported that people with accurate knowledge of Japanese Americans hold the most favorable attitudes toward them. His studies found that acquaintance alone did not guarantee accurate knowledge.
• Nisei Appeals Board Decision in License Case, by P.C. Staff, page 1. Masako Kinoshita, a Los Angeles restaurant owner, filed suit charging the California State Board of Equalization with racial discrimination in denying her liquor license. Her attorneys argue she is the sole owner of the restaurant and was arbitrarily denied.

Community

• Utah Girl, Stranded in Japan by War, Returns to Family, by P.C. Staff, page 1. Masaye Kawaguchi returned to Roy, Utah, after being stranded in Japan since 1941. She described wartime conditions in Shimizu and her joy at being reunited with her family.
• Nisei Problems Go To Court (continued), by Saburo Kido, page 2. Continuation of Kido’s review of legal cases, covering restrictive covenants, renunciants’ suits, the Korematsu decision, and the Wilcox damages case. He argues that test cases are necessary to settle the rights and status of Japanese Americans.
• Case Against Dr. Kim Will Test Covenants, by P.C. Staff, page 3. Neighbors in Los Angeles sued Korean American dentist and war veteran Dr. Yin Kim to enforce a racially restrictive covenant and oust him from his home. The case will test the validity of such covenants in Superior Court.
• Writer Charges Evacuees Victims of Great Swindle, by P.C. Staff, page 3. Bradford Smith, former OWI official, writes in Common Ground that Japanese Americans were defrauded of farms, businesses, and homes during the forced evacuation. He recommends indemnification legislation, citizenship for aliens, and stronger citizens’ committees.
• Canadian Officials Warn Against Mass Return to Coast, by P.C. Staff, page 3. Canadian officials advised against a large-scale return of Japanese Canadians to the Pacific coast when exclusion orders are lifted, fearing renewed anti-Japanese sentiment. The warning was relayed by Major Buck Suzuki to a Toronto mass meeting.

Commentary

• Back Home in Los Angeles: Patterns of Pre-War Community Life Revived by Evacuees Who Have Returned to West Coast, by Mary Oyama, page 2. Mary Oyama reflects on how quickly pre-war community patterns have revived among returned evacuees in Los Angeles, with many new Nisei clubs and friendships forming. She argues that segregation, self-imposed or imposed by the majority, leads to the same dead end and urges Nisei to pursue wider social contact.
• Greatest Swindle, by P.C. Staff, page 4. The editorial examines Bradford Smith’s account of the forced liquidation of Japanese American property during evacuation, citing Secretary Krug’s admissions of losses. It concludes that the issue concerns the nation’s integrity and whether it will practice the principles it professes.
• The Land Grabbers, by P.C. Staff, page 4. The editorial argues that California officials are rushing escheat proceedings under the Alien Land law before it can be repealed, targeting only Japanese American citizens. It notes the law has been condemned by Attorney General Kenny and rejected by voters in Proposition 16.
• New Scapegoat, by P.C. Staff, page 4. The editorial describes H. J. McClatchy’s longtime anti-Japanese campaigns and his recent defeat in a San Francisco Commonwealth Club vote on immigration quotas for Japanese. It notes he shifted his targets to Hindustan.
• Canadian Policy, by P.C. Staff, page 4. The editorial notes that Canadian newspapers condemned the Privy Council’s decision upholding forced deportation of persons of Japanese ancestry. It urges Canada to adopt a bill of rights protecting civil liberties.
• Ben Kuroki Continues His 59th Mission Against Racism, by P.C. Staff, page 4. Ben Kuroki delivered a powerful speech against racial discrimination to a Washington audience of 750 sponsored by the JACL and the East and West Association. The writer praises his sincerity and growth as a speaker.

In-Depth

• Progress Report: Nisei Problems Go To Court, by Saburo Kido, page 2. Saburo Kido reviews key test cases affecting Japanese Americans, including the Oyama escheat case, the Stockton theater lease case, fishing license restrictions, civil service charges, school segregation, and restrictive covenants. He explains the legal stakes of each and calls for coordinated legal action.

Arts & Entertainment

• Joe E. Brown, of the Big Mouth and the Big Heart, Recalls Heroism of Nisei Soldiers, by Vince Tajiri, page 3. Comedian Joe E. Brown spoke at the Chicago JACL inaugural ball, praising the courage of Japanese American soldiers in the 100th Battalion, 442nd Combat Team, and Military Intelligence units. He also shared lighthearted moments and his Rose Bowl prediction.
• The Spoilage Is the Story of Those Who Lost Faith, by Larry Tajiri, page 5. Larry Tajiri reviews Dorothy Thomas and Richard Nishimoto’s study The Spoilage, which documents the Tule Lake renunciants who lost faith in the United States. He calls it a remarkable and emotionally powerful report on wartime evacuation and segregation.
• Evanston Housewife Writes Book About Nisei Resettlers, by Sue Kunitomi, page 6. Sue Kunitomi reviews Anne Emery’s novel In Tradition, which portrays a Japanese American family resettling in a conservative Illinois city. The reviewer praises the author’s sympathetic portrayal of the tensions between neighbors.

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